Stoddart v Blacktown City Council [2022] NSWLEC 1453

Stoddart v Blacktown City Council [2022] NSWLEC 1453

Because the parties reached an agreed decision at the conciliation conference and the Court was satisfied that the decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
31 August 2022
Procedural Posture
Class 3 Objection to an Offer of Compensation Arising From Compulsory Acquisition / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Made
Outcome
The appeal is upheld and compensation is determined in the sum of $1,400,000.00, with associated orders for vacation of the Land, clearance certificate, mortgage or security interest payments, statutory interest, and costs.
Legal Topics
['objection to Compensation Offer' 'conciliation Conference' 'agreement Between Parties' 'just Terms Compensation' 'costs']
['compulsory Acquisition' 'land Acquisition Compensation' 'land and Environment Court Procedure'] ['objection to Compensation Offer' 'conciliation Conference' 'agreement Between Parties' 'just Terms Compensation' 'costs']

Case Brief

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Procedural Posture

Class 3 Objection to an Offer of Compensation Arising From Compulsory Acquisition / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Made

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Determination of compensation for the compulsory acquisition of 2B Advance Street, Schofields being Lot 6 DP 232241.']

Ratio Decidendi

Because the parties reached an agreed decision at the conciliation conference and the Court was satisfied that the decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreed decision.

Court Disposition

The appeal is upheld and compensation is determined in the sum of $1,400,000.00, with associated orders for vacation of the Land, clearance certificate, mortgage or security interest payments, statutory interest, and costs.

Orders

  • ['The appeal is upheld.' 'For the purposes of section 68(1) of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act), compensation is determined in the sum of $1,400,000.00, pursuant to section 55 of the Just Terms Act (Compensation Amount) in respect of the compulsory acquisition on 13...